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| Middlesex Superior | |
| Subpoena | |
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Superior
Court of New Jersey
Middlesex County
Prior to Commencement of Action
Subpoenas, notices of depositions, and requests for production may issue prior to commencement of an action only upon more...
At Least Ten (10) Days Prior to the Deposition
A subpoena must be simultaneously served on the witness and on all parties no less than ten (10) more...
Court May Change Notice Time
The court may, for cause shown, enlarge or shorten the notice time for a deposition. . more...
Notice By Plaintiff
Leave of Court Required Until Thirty Five Days (35) After Service
Leave of court, granted with or without notice, must be obtained if the plaintiff seeks to take a more...
Exception
Leave is not required if the defendant has already served a deposition notice or otherwise sought discovery. more...
Video Depositions of Experts-30 Days After Report Served
A video deposition of a treating physician or expert witness that is intended for use in lieu of more...
Records Subpoena to Non-Party
A discovery subpoena to a non-party may only be issued with notice to all other parties of a notice of a more...
Completion of Discovery
Discovery Period
Discovery generally must be completed in the time prescribed by the case assignment track, counting from the date more...
Extension of Discovery Period By Consent
The parties may consent to extend the time for discovery for an additional 60 days by stipulation filed more...
Extension of Discovery Period By Motion
If the parties do not agree or a longer extension is sought, a motion for relief shall be more...
Discovery Extended Upon Joinder of New Parties
The joinder of a new party will extend the period for discovery for 60 days, unless reduced or more...
Discovery Sequence and Frequency
Unless the court orders otherwise, the use of approved discovery methods may be used in any sequence and more...
Scope of Discovery Generally
Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in more...
Stipulations Regarding Discovery
Unless the court orders otherwise, the parties may by written stipulation, (1) provide that depositions may be taken more...
Added Parties
The party filing a pleading that joins a new party to the action has the duty to serve more...
To Compel Non-Party Witness
The attendance of non-party witnesses at deposition must be compelled by subpoena. ; . more...
May Compel Production of Documents
The subpoena may command the person to whom it is directed to produce designated books, papers, documents, electronically more...
Non-Party New Jersey Resident
A resident of New Jersey subpoenaed for deposition may be required to attend an examination only at a more...
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Non-Party Non-Resident Witness
A non-party non-resident witness responding to subpoena within New Jersey may be required to attend only at a more...
Non-Party Expert or Treating Physician-New Jersey Resident
If the expert or treating physician resides or works in New Jersey, but the deposition is taken at more...
Non-Party Expert or Treating Physician-Non-Resident
If the expert or treating physician does not reside or work in New Jersey, the proponent of the more...
Prisoners
The deposition of a person confined in prison may be taken only by leave of court on such more...
Depositions Outside New Jersey
A deposition for use in an action in New Jersey may be taken outside New Jersey either on more...
Depositions In New Jersey for a Case in a Foreign State or Country
When the deposition of a person is to be taken in New Jersey pursuant to the laws of more...
Failure to Obey Subpoena
Failure, without adequate excuse, to obey a subpoena served upon any person may be deemed a contempt of more...
Contents and Scope
A subpoena may be issued by the clerk of the court or by an attorney or party in more...
Corporations/Organizations
A party may name as the deponent a public or private corporation or a partnership or association or more...
Additional Requirements
Essex County Superior Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...
Do Not File Subpoena
The New Jersey rules are silent on the issue of whether to file subpoenas with the court and more...
Personal Service With Fee
A subpoena may be served by any person eighteen (18) or more years of age. Service of a subpoena must be made by delivering a copy thereof to the person named together with more...
Petition to Conduct Discovery Prior to Commencement of Action
Verified Petition
A person who desires to perpetuate his or her own testimony, or that of another person, or preserve more...
Timing
At least 20 days before the date of hearing, the petitioner must serve upon each person named in more...
Required Showing
1. That the petitioner expects to be a party to an action cognizable in a court of New Jersey more...
2. The subject matter of such action and the petitioner's interest therein; more...
3. The facts which the petitioner desires to establish by the proposed testimony or evidence and the reasons for more...
4. The names or a description of the persons the petitioner expects will be opposing parties and their addresses more...
5. The names and addresses of the persons to be examined and the substance of the testimony which the more...
6. The names and addresses of the persons having control or custody of the documents or property to be more...
The court may also grant a pre-complaint petition for depositions to a person asserting that, due to extraordinary more...
Motion for Protective Order
On motion by the party or person from whom discovery is sought, the court may, for good cause more...
Motion to Terminate or Limit Examination or for Sanctions
A motion to terminate or limit an oral examination, or a motion for sanctions, may be made on more...
Motion to Quash
The court may quash or modify a subpoena requesting documents if compliance would be unreasonable, oppressive, or subject more...
Motion to Compel or Dismiss
A motion to compel or dismiss without prejudice for failure to make discovery may be filed if a more...
Copyright SmartRules 2005-2013 exclusive of the text of Government codes
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